Legal
The terms that apply when you book, attend or purchase services from Health Max Exercise Physiology.
Last updated: 7 July 2026
These Terms & Conditions are between you and Health Max Exercise Physiology Pty Ltd (ABN [INSERT ABN]) ("Health Max", "we", "us", "our"), a clinical exercise physiology practice in Manly, New South Wales.
Our services are delivered by Accredited Exercise Physiologists (AEPs) accredited with Exercise & Sports Science Australia (ESSA), and are provided in accordance with ESSA's professional standards and code of professional conduct.
Health Max provides clinical exercise physiology services, including assessments, individualised exercise prescription, supervised strength training, small group and one-to-one sessions, and programs for bone health and chronic condition management.
Exercise physiology services are allied health services. They are not a substitute for medical advice, diagnosis or treatment from your doctor or specialist. We do not diagnose medical conditions, and we do not prescribe or adjust medication.
We will always exercise reasonable professional care and skill, but we cannot and do not guarantee any specific health, fitness, weight, bone density or performance outcome. Results vary between individuals and depend on many factors, including your adherence to your program and your individual circumstances.
To allow us to deliver services safely, you agree to:
Withholding or misrepresenting relevant health information may compromise your safety and may affect our ability to provide services to you.
Exercise carries inherent risks, including muscle soreness, strains, sprains, aggravation of pre-existing conditions, falls, and in rare cases serious injury or an adverse cardiac event. These risks exist even when exercise is appropriately prescribed and professionally supervised.
By participating in our services, you acknowledge that you understand these risks and voluntarily accept them. Nothing in this clause limits your rights under the Australian Consumer Law (see section 13) or excludes liability where it cannot lawfully be excluded.
Appointments can be made through our website, our online booking system, by phone or in person. Your appointment is confirmed once you receive confirmation from us. We may send appointment reminders by email or SMS as a courtesy; it remains your responsibility to attend at the correct time.
Every new client begins with a Personalised Strength Assessment before commencing a program.
We require a minimum of 24 hours' notice to cancel or reschedule an appointment.
We understand that genuine emergencies and sudden illness happen. We may waive the fee at our discretion in exceptional circumstances.
If we need to cancel or reschedule your appointment, we will give you as much notice as we reasonably can and offer you an alternative time at no additional charge.
Our current fees are available on request and at the studio. Fees may change from time to time; we will give you reasonable notice of any change affecting ongoing services.
Payment is due at the time of service unless you are on a membership or direct debit arrangement. We accept payment by card and process on-the-spot private health and Medicare claims via HICAPS where you are eligible.
Prepaid session packs are valid for a period based on the training frequency agreed with you at the time of purchase. The pack is intended to be used at that agreed frequency.
For example: if you commit to training twice per week and purchase a 10-session pack, that pack is valid for five weeks from the date of first use.
We will confirm the agreed frequency and the resulting expiry period with you at the time of purchase. Where you are unable to train for an extended period due to illness, injury or other genuine circumstances, contact us — we may suspend or extend your pack at our discretion. Session packs are not transferable to another person without our agreement.
Memberships are billed by direct debit through our payment provider, Stripe, on the schedule agreed at sign-up. By entering into a membership you authorise us to debit your nominated account or card in accordance with that schedule.
You agree to keep your payment details current and to ensure sufficient funds are available. Where a payment fails, we may re-attempt the debit and may pass on any fee charged to us by our payment provider. Access to services may be suspended while an account is in arrears.
You may cancel a membership by giving us notice in accordance with the terms agreed at sign-up. Unless otherwise agreed in writing, memberships have no minimum lock-in term. Cancelling a membership does not entitle you to a refund of payments already made for services already provided.
You may be eligible for rebates through Medicare (with a valid GP referral and care plan), DVA, or your private health fund. Eligibility depends entirely on your individual circumstances, policy, level of cover and referral status.
We are not responsible for determining or guaranteeing your eligibility. It is your responsibility to confirm your entitlements with Medicare, the DVA or your fund before booking. Where a claim is rejected or a rebate is lower than expected, the full fee remains payable by you.
We offer telehealth consultations where clinically appropriate. Telehealth is not suitable for every client or every presentation, and we will advise you if we consider an in-person session necessary.
For telehealth sessions you are responsible for having a suitable, safe and clear space to exercise, an adequate internet connection and device, and any equipment we have advised you will need. You should have someone available nearby if you are at increased risk of falls or an adverse event.
Telehealth involves limitations, including our reduced ability to observe your technique and to physically assist you. Technology can fail; where a session is interrupted for technical reasons, we will work with you to complete or reschedule it. Rebate eligibility for telehealth differs from in-person services and depends on your referral and fund.
Clients under 18 require the consent of a parent or legal guardian before commencing services. A parent or guardian must complete the intake process on the client's behalf and is responsible for payment of fees, including any cancellation fees.
We may require a parent or guardian to be present during sessions, depending on the age of the client and the nature of the service.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Among other things, you are entitled to a remedy if a service is not provided with due care and skill, or is not fit for the purpose we agreed.
Outside those guarantees, we do not generally provide refunds for change of mind, for sessions already delivered, or for unused sessions that have expired under section 8. Where you are unable to continue for genuine medical reasons, contact us and we will consider a suspension, extension or refund of unused prepaid sessions on a case-by-case basis, and will act reasonably in doing so.
To keep our studio safe and welcoming, we ask that you arrive on time, wear appropriate exercise clothing and closed footwear, use equipment only as instructed, and treat our staff and other clients with respect.
We may refuse or discontinue service where a person behaves in a manner that is unsafe, abusive, discriminatory or disruptive to others.
We handle your personal and health information in accordance with our Privacy Policy, which forms part of these terms.
All content on our website and in our programs — including exercise programs, written materials, branding, logos, images and the Health Max name — is owned by or licensed to Health Max and is protected by copyright and trade mark law.
Programs and materials we provide are for your personal use only. You may not reproduce, distribute, resell or commercially exploit them without our written permission. The ONERO® methodology is used by us under licence and remains the intellectual property of its owner.
Information on our website is general in nature and provided for information only. It is not personal medical or exercise advice and should not be relied on as a substitute for consultation with a qualified health professional who knows your circumstances.
We aim to keep our website accurate and current, but we do not warrant that it is free of errors or that it will always be available.
Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law where it cannot lawfully be excluded.
To the extent permitted by law, our liability for any failure to comply with a consumer guarantee is limited, at our option, to resupplying the service or paying the cost of having the service resupplied.
To the extent permitted by law, we are not liable for any indirect or consequential loss, or for any loss or injury arising from your failure to disclose relevant health information, your failure to follow instructions given by your practitioner, or activity you undertake outside our supervision.
You may stop using our services at any time, subject to the notice and payment terms above. We may decline or discontinue services where it is not clinically appropriate or safe for us to continue, where fees remain unpaid, or where conduct expectations under section 14 are not met. Where we end services, we will tell you why and, where appropriate, help you find alternative care.
If you are unhappy with any aspect of our service, please speak with us first — most issues are resolved quickly. Contact us using the details in section 23 and we will acknowledge your complaint promptly and work with you to resolve it.
If you are not satisfied with our response, you may contact ESSA (our professional body) at essa.org.au, or the NSW Health Care Complaints Commission on 1800 043 159 or at hccc.nsw.gov.au.
We may update these Terms & Conditions from time to time. The current version will always be available on our website with the date last updated shown at the top. Continuing to use our services after a change means you accept the updated terms.
These terms are governed by the laws of New South Wales, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of that State.
Health Max Exercise Physiology Pty Ltd
Manly, NSW 2095
Phone: (02) 9053 2283
Website: healthmaxep.com.au